Update – How Will ICANN’s Newest Domain Name Program Affect Your Company’s Brand?

Trademark owners outside of the adult industry may sign up with ICM Registry to block trademarks from showing up on its new .XXX gTLD. Trademark owners have been making several common errors when applying for a .XXX gTLD.[1] If your company plans on submitting an application before the Sunrise B October 28, 2011 deadline, keeping these mistakes in mind can help you avoid paying multiple fees and having to reapply.[2]
Research which registrar you will use when submitting an application. Some registrars are more experienced than others.[3] Make sure you choose a registrar that will pre-check your application for compliance with all of the application guidelines.[4]

Eligibility. Make sure that your trademark is eligible. To be eligible, you must have a trademark that was registered prior to September 1, 2011, and you must have the following information:

Trademarked Name

Trademark Registration Number: Note that your trademark registration number is not the same as your application number

Nation Code: The country where your trademark was registered

Trademark Registration Date: The date your trademark was registered

Trademark Ownership: Your relation to the trademark: Owner or Assignee

Dropping .com from Trademark. Do not drop the ‘.com’ from your trademark if it includes a ‘.com’. If you want ‘example.com’ to be eligible for ‘example.xxx.’ and not just ‘examplecom.xxx’ you can file amendment 7 with the United States Patent and Trademark Office to have the ‘.com’ removed.

Inexact Match. Apply to register a domain that is an exact match for your trademark. If you want to register characters in addition to the actual brand name, such as slogans or tag lines, apply under Sunrise AD using a pre-existing domain name because members of the adult entertainment industry (the “Sponsored Community”) is very broad.